| Objective:Chinese traditional medicine is the treasure of China's long civilization.It has long been confirmed in the long history of its unique treatment and efficacy relative to Western medicine.With the integration of the world economy,China after joining WTO Chinese medicine more and more China out to the world,more and more "Chinese" is recognized by the world,produced a huge conflict of interests in this one,the domestic and foreign Chinese patent infringement cases occurred frequently,and the victim is often China's pharmaceutical companies.In order to protect the Chinese characteristic and the interests of enterprises of China's traditional Chinese medicine is not affected by the loss,we must use legal means to protect the intellectual property of traditional Chinese medicine,and in many methods of intellectual property protection in patent protection is the most effective.But because of China's intellectual property law concluded late,intellectual property rights protection system is not perfect,follow the related intellectual property protection law of Anglo American legal system set on the traditional Chinese medicine protection because of "protection is often weak The climate does not suit one.".Therefore,this study based on the current drug patent protection analysis of typical cases,investigation of TCM patent protection related legal cognition,study the existence of irrational factors and defects,and put forward the corresponding countermeasures and suggestions for improvement.Method:In this study,we use case analysis,questionnaire survey,expert interviews and other methods.First of all from the State Intellectual Property Office of People's Republic of China network of 18 pharmaceutical patent protection case analysis,according to the results of a case study designed "the public about the patent protection of traditional Chinese medicine Cognition Questionnaire" and "experts on the patent protection of traditional Chinese medicine Cognition Questionnaire" questionnaire of two public groups and experts engaged in the medical,law and medicine preparation prepare sales field survey.By convenient sampling method,selecting a district population as the research object,through the investigation of the professional background,professional title,after the occupation of 33 selected experts in the city(including the selection of main disputes over intellectual property lawyers,medical workers had the relevant patent application experience and is mainly engaged in the research of intellectual property rights of University Teachers)as the survey by Excel2007 and Epidata13,data entry,data entry after the data was analyzed by SPSS22.Making expert interview outline,combining with the result of case study,the result of questionnaire survey and interview investigation result,it is analyzed and discussed.Result:1.Through the case analysis,the current laws and regulations on the provisions of the patent protection of traditional Chinese medicine is not careful,not detailed,leading to the local court often fall into subjective assumptions on the set of traditional Chinese medicine patent infringement cases to the situation.Because the patent stability is weak,the difficulty of obtaining evidence is great;the judge or the agent is not familiar with the field of expertise and other reasons,which makes it difficult for the plaintiff to defend his rights through litigation.2.In the public awareness of patent protection of traditional Chinese medicine,through the survey results,surveyed 660 people in 363 people have only heard of but do not understand the patent protection of traditional Chinese medicine,the total number of 55%;245 people has not heard of the patent protection of traditional Chinese medicine,the total number of 37%;real understanding of patent protection of traditional Chinese medicine only 52 people,accounting for only 8% of the total number.And then extended to the cognitive level of Chinese patent infringement,413 people have not heard of patent infringement cases of Chinese medicine,accounting for 62.6% of the total number.The findings can only be found in the society that the common people have insufficient knowledge about the legal knowledge related to patent protection of Chinese medicine and the related events of Chinese medicine infringement.3.For ordinary people to get the results of the survey of Chinese medicine patent protection related information channels,there are 276 people through public media broadcasting,newspapers and television that the total number of 66.5%;27 people through other promotional activities(including community posters,new media,Internet publicity),only the total number of 6.5%.Therefore,exposure to the ordinary people in the traditional Chinese medicine patent protection related information channels rarely,most of them are obtained by conventional media accidents in daily life are very low,in order to strengthen the protection of intellectual property rights of Chinese ordinary people,the thinking frame of patent protection should be increased,the most popular media in modern society Internet plus,using the idea of creating a new legal form,such as publicity from the media,We Chat public,publicity and other more effective.4.Combined with the public and experts on the investigation results of patent protection of traditional Chinese medicine,ordinary people think of patent protection law for the protection of the existing of Chinese medicine in general and not good,that is not clear and there were 260 people and 198 people,148 people,accounting for 39.4% of the total number of 22.4% and 30%,there are 15 experts and 14 people think protection is generally not good,the total number of 45.5% and 42.4%.Thus whether the general public or most experts think of traditional Chinese medicine,and not to patent protection strength corresponding to a certain extent,this shows that China's existing laws on the protection of traditional Chinese medicine is relatively weak.In the investigation of5.Experts on the existence of patent protection of Chinese traditional medicine problems can be found,24 experts think the patent protection law of our country existing not adapt to our country's specific conditions,the total number of 72%;20 experts believe that China is now the lack of Chinese medicine patent protection related professionals,accounting for 60.6% of the total;18 experts think,related to the national traditional Chinese medicine patent protection system of knowledge and lack of knowledge,the total number of 54.5%.17 experts believe that western medicine now occupies the main body of medical treatment,accounting for 51.5% of the total number.Thus,the four points mentioned above are the main problems existing in the patent protection of Chinese medicine at this stage.6.Through questionnaire survey and expert interview to the general public and expert groups,survey results,the people on our traditional Chinese medicine patent protection related information are insufficient,access to information channels over a single.The public and experts are generally not satisfied with the patent protection of Chinese medicine.Our country's traditional Chinese medicine patent law is not perfect,the lack of professional staff and so on.Conclusion:1.At present,the patent protection of Chinese medicine in our country has great defects in the system level and needs to be improved urgently.2.The popularization of relevant laws on patent protection of Chinese medicine is not in place,and some more innovative methods should be introduced to promote it.3.Chinese pharmaceutical companies do not attach importance to the patent protection of Chinese medicine,and lack of relevant professionals,leading to the fundamental neglect of patent protection of Chinese medicine.4.The existing patent law of our country is not in place for the protection of Chinese medicine in particular,and the relevant laws and regulations are not detailed enough and lack of maneuverability,so it is urgent to introduce a special patent protection law for Chinese medicine. |
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